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AB-338 State Capitol grounds.(2021-2022)

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Date Published: 03/16/2021 09:00 PM
AB338:v98#DOCUMENT

Amended  IN  Assembly  March 16, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 338


Introduced by Assembly Member Ramos
(Principal coauthors: Assembly Members Mathis and McCarty)
(Principal coauthor: Senator Hertzberg)
(Coauthors: Assembly Members Arambula, Carrillo, Cooper, Cristina Garcia, Eduardo Garcia, Lorena Gonzalez, Lee, Medina, Luz Rivas, Robert Rivas, Rodriguez, and Blanca Rubio Blanca Rubio, and Ting)
(Coauthors: Senators Allen and Limón)

January 28, 2021


An act to amend Section 9105.5 of, to add Section 14634 to, and to repeal Section 13082 of, the Government Code, relating to the State Capitol.


LEGISLATIVE COUNSEL'S DIGEST


AB 338, as amended, Ramos. State Capitol Building Annex: State Capitol grounds.

Existing law, known as the State Capitol Building Annex Act of 2016, authorizes the Joint Rules Committee to pursue the construction of a state capitol building annex or the restoration, rehabilitation, renovation, or reconstruction of the existing State Capitol Building Annex. Existing law requires any work of construction, restoration, rehabilitation, renovation, or reconstruction undertaken pursuant to the act to (1) incorporate elements complementary to the historic State Capitol, elements to make the newly constructed state capitol building annex or the restored, rehabilitated, renovated, or reconstructed State Capitol Building Annex efficient and sustainable, and historic elements from the existing State Capitol Building Annex; (2) integrate design elements that educate and impress upon visitors the rich heritage of symbolism of the historic State Capitol design; and (3) incorporate symbolic treasures, as specified.

This bill would require any work of construction, restoration, rehabilitation, renovation, or reconstruction undertaken pursuant to the act to also incorporate a mural honoring Native Americans in California in one of the main hearing rooms in the newly constructed state capitol building annex or the restored, rehabilitated, renovated, or reconstructed State Capitol Building Annex. The bill would require the mural to be designed in consultation with the Select Committee on Native American Affairs to ensure that it contains accurate depictions of Native Americans in California.

Existing law provides for various memorials and monuments on the grounds of the State Capitol. Existing law requires the Department of Finance, subject to the approval of the Capitol Building and Planning Commission, to acquire and do all acts necessary to erect and maintain a monument to Father Junípero Serra on the grounds of the State Capitol. Existing law requires the Department of General Services to maintain state buildings and grounds.
This bill would delete the requirement relating to the monument to Father Junípero Serra. The bill would require the Legislature to be advised by tribal nations in the Sacramento, California, region to plan a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol. The bill would require the Department of General Services, subject to the approval of the Legislature, to acquire and do all acts necessary to erect the monument by July 1, 2022. The bill would require the department to maintain the monument.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) California is home to the greatest number of Native Americans living in the United States, approximately 720,000 according to the 2010 United States Census. They are the first population to inhabit California.
(b) The California Native American population consists of 109 tribes speaking up to 80 languages. They have fostered a rich and diverse cultural history that includes a long tradition of music, artisanship, and other contributions to California’s history.
(c) Their history and contributions have been relatively ignored, written with great discrepancies and false mythologies. One of the greatest gaps between history and reality has been the retelling of the mission period in Native American history and the role of Franciscan friar Junípero Serra.
(d) Notwithstanding the false or incomplete narrative of the benefit to California’s Native American population during the mission period, primary historical references and histories such as “A Cross of Thorns: The Enslavement of California’s Indians by the Spanish Missions” by the late journalist and historian Elias Castillo tell a more accurate and complete account of the period.
(e) According to Castillo, the treatment of Native Americans was so horrific that, in 1530, the Spanish King Carlos I forbid enslavement in the New World and, seven years later, Pope Paul III issued an edict seeking to end the massacre and enslavement of Native Americans. Both the King’s order and the Pope’s edict were ignored.
(f) Enslavement of both adults and children, mutilation, genocide, and assault on women were all part of the mission period initiated and overseen by Father Serra.
(g) Therefore, it is critical that California address the incomplete telling of the history and contributions of Native Americans in this state and that the devastating impact of the mission period, and Father Serra’s role in that devastation, be recognized and acknowledged.
SEC. 2.Section 9105.5 of the Government Code is amended to read:
9105.5.

(a)Any work of construction, restoration, rehabilitation, renovation, or reconstruction undertaken pursuant to Article 5.2 (commencing with Section 9112) shall do all of the following:

(1)Incorporate elements complementary to the historic State Capitol, elements to make the newly constructed state capitol building annex or the restored, rehabilitated, renovated, or reconstructed State Capitol Building Annex efficient and sustainable, and historic elements from the existing State Capitol Building Annex described in Section 9105.

(2)Integrate within its design elements that educate and impress upon visitors the rich heritage of symbolism that earlier generations of Californians made a vital part of the palette of the historic State Capitol design so as to convey the meaning of California’s self-governance and the state’s unique and ever-distinctive heritage.

(3)Incorporate symbolic treasures, as is befitting the heritage of symbols left by California’s founders for current and future generations to enjoy and explore, so as to ensure that the legislative and executive branch working spaces in the newly constructed state capitol building annex or the restored, rehabilitated, renovated, or reconstructed State Capitol Building Annex are no longer barren and devoid of the enriching presence of those symbols of self-governance.

(4)Incorporate a mural honoring Native Americans in California in one of the main hearing rooms in the newly constructed state capitol building annex or the restored, rehabilitated, renovated, or reconstructed State Capitol Building Annex. The mural shall be designed in consultation with the Select Committee on Native American Affairs to ensure that it contains accurate depictions of Native Americans in California.

(b)It is the intent of the Legislature that any newly constructed state capitol building annex or the restored, rehabilitated, renovated, or reconstructed State Capitol Building Annex be designed to welcome all visitors to a safe, healthful, accessible, and working State Capitol, including historic chambers supported by needed caucusing spaces, offices for the Chief Clerk of the Assembly, the Secretary of the Senate, and the Legislative Counsel; hearing spaces to facilitate the convenient conduct of hearings during sessions, and space for the Sergeants at Arms so that all Californians may effectively engage with their elected representatives and their state government in meaningful, participatory, and deliberative democracy.

SEC. 3.SEC. 2.

 Section 13082 of the Government Code is repealed.

SEC. 4.SEC. 3.

 Section 14634 is added to the Government Code, to read:

14634.
 (a) The Legislature shall be advised by tribal nations in the Sacramento, California, region to plan a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol. Subject to the approval of the Legislature, the Department of General Services shall acquire and do all acts necessary to erect the monument on the grounds of the State Capitol by July 1, 2022.
(b) The Department of General Services shall maintain the monument.